The Tiwa Autonomous Council (Amendment) Act, 2005

1. (1) This Act may be called the Tiwa Autonomous Council (Amendment) Act, 2024.
2. (2) It shall have the same extent as the principal Act.
3. (3) It shall come into force at once.

In the principal Act, for the existing Preamble, the following shall be substituted, namely:- " Preamble. Whereas it is expedient to provide for the establishment of a Tiwa Autonomous Council within the State of Assam with maximum autonomy within the framework of the Constitution, comprising of the Satellite Areas and Core Areas, for Social, economic, educational, ethnic and cultural advancement of the Tiwa and other Scheduled Tribes residing therein."

In the principal Act, in section 2, for the existing clause

1. (q) and (u), the following shall be substituted, namely:- "(q) "Satellite Areas" means the area or areas consisting of non-contiguous cluster of villages predominantly inhabited by Scheduled Tribes population having 50% and above as a whole in the cluster and not necessarily in the individual villages;
2. (u) "Core Areas" means the compact and contiguous areas predominantly inhabited by Scheduled Tribes population having 50% and above as a whole in the area and not necessarily in the individual villages ;".

In the principal Act, in section 4, in sub-section (1), the word "Tribal" shall be substituted by the word "Scheduled Tribes".

In the principal Act, in section 6, in sub-section (1), -

1. (i) for the words "Tribals belonging to Tiwa", the words "Scheduled Tribes" shall be substituted;
2. (ii) for figure, brackets and word " 20 (twenty)", the figure, brackets and word " 25 (twenty five)" shall be substituted.

In the principal Act, in section 18, in entry 24, after the word " Revenue", the following proviso shall be inserted, namely :- " Provided that no allotment or settlement of land shall be made in the Council Area without the recommendation of the Executive Council."

In the principal Act, in section 63, after sub-section (3), the following new sub-section

1. (4) shall be inserted, namely :- "(4) The General Council may prepare in each financial year a supplementary estimate providing for any modification of its budget for the year and may submit to the Government for approval."

In the principal Act, in section 48,

1. (i) sub-section

1. (1) shall be deleted and sub-sections
2. (2) and
3. (3) shall be renumbered as sub- sections
4. (1) and
5. (2) respectively;
   • (ii) in sub-section (2), so renumbered, in the third line, the words "the Village Council Area or" and in the fifth line, the words "the Village Council and" shall be deleted.

In the principal Act, in section 50,

1. (i) in sub-section (1), in the fourth and sixth line, for the word "Village" the word "General" shall be substituted;
2. (ii) sub-section

1. (2) shall be deleted and sub-section (3), and
2. (4) shall be renumbered as sub-sections
3. (2) and
4. (3) respectively;
   • (iii) for sub-section (2), so renumbered, the following shall be substituted, namely:- "(2) Persons whose names are included in the electoral roll as per sub-section
5. (1) above, shall be the electorate for the election of members of the General Council."

In the principal Act, in section 52, in the fourth line, the words "and the Village Council" appearing in between the words "Council" and "shall be" shall be deleted.

In the principal Act, in section 53,

1. (i) in the marginal heading, the words "Village Council or" shall be deleted;
2. (ii) in the second line, the words "either the Village Council or" appearing in between the words "member of" and "the General" shall be deleted; and in last line, for the word and brackets "(e)" appearing in between the words "clause" and "of" the word and bracket, "(f)" shall be substituted.

In the principal Act, in section 54,

1. (i) in the marginal heading, the words "Village Council and for" shall be deleted;
2. (ii) in the beginning, in first line, the bracket and number "(i)", appearing in between the figures "54" and words "A person" shall be deleted;
3. (iii) in the second line, for the words "either to the Village Council or" appearing in between the words "elected" and "the General" the word "to" shall be substituted;
4. (iv) in clause (e), in the fourth line, the words "Village Council" appearing in between the words "of the" and "General" shall be deleted;
5. (v) in clause (h), in the proviso, in the third line, the words "a member, President or Vice-President of the Village Council or" appearing in between the words "his being" and "a member," shall be deleted.

In the principal Act, in section 57, in the first line, the words "Village Councils or" and in the fourth line, the words "the Village Councils and" shall be deleted.

In the principal Act, in section 59,

1. (i) in sub-section (1), for the proviso, the following shall be substituted, namely:- " Provided that no person below the rank of District Judge within the meaning of Article 236 of the Constitution shall be appointed for the purpose."
2. (ii) in sub-section (2), in clause (a), in the third line, the words "the Village Council or" and in the fourth line, the words "and punctuation mark ", as the case may be" shall be deleted.

In the principal Act, in section 60, in fourth line, the words "to the Village Councils and" appearing in between the words "election" and "to the" shall be deleted.

In the principal Act, in section 61,

1. (i) in the marginal heading, the words "and Village Council Fund" shall be deleted;
2. (ii) for sub-section (1), the following shall be substituted, namely:- "(1) There shall be a fund called the General Council Fund.";
3. (iii) in sub-section (2),

1. (a) in the first line, in the beginning, for the word "Each", the word "The" shall be, substituted;
2. (b) in the fifth line, the words and punctuation mark "or the Village Council, as the case may be," shall be deleted;
3. (c) in the last line, for the words "its respective" the words "this" shall be substituted;
   • (iv) sub-section

1. (3) to
2. (12) shall be deleted;
   • (v) sub-section
3. (13) shall be renumbered as sub-section
4. (3) and as so renumbered, in sub-section (3), in the second line, the words, "and the Village Council" appearing in between the words "Council" and "shall be" shall be deleted.

In the principal Act, in section 62, in the sixth line, the words "and Village Council" and in the twelfth, fourteenth and eighteenth lines, the words "and the Village Councils" shall be deleted.

In the principal Act, in section 63,

1. (i) in sub-section (1), the words, "The Village Councils also shall prepare its budget in the like manner and shall submit the same to the General Council for consideration and onward transmission to the Government on or before the 1st October of the current financial year." shall be deleted;
2. (ii) for sub-section (2), the following shall be substituted, namely:- "(2) The Government may within such time as may be prescribed, either approve the budget or return it to the General Council, for reconsideration on the observations of the Governments, if any. The General Council shall thereupon resubmit the budget along with its comments on the observation and if the approval of the Government upon such submission or resubmission is not received by the General Council, the budget shall be deemed to have been approved by the Government".
3. (iii) in sub-section (3), in the second line, for the words "as well as the budget of the Village Councils are" appearing in between the words "Council" and "either" the word "is" shall be substituted.

In the principal Act, in section 64, in the third line, the words "or the Village Councils" appearing in between the words "Council" and "as the case" shall be deleted.

In the principal Act, in section 67, in the beginning, the number and brackets "(1)" appearing before the word "Subject" and the sub-sections

1. (2) and
2. (3) shall be deleted.

In the principal Act, in section 68,

1. (i) in the marginal heading, for the words and punctuation mark, "Dissolution of General Council, Executive Council, and Village Council" the words "Dissolution of General Council and Executive Council" shall be substituted;
2. (ii) in sub-section (1), in tenth line, for the words and punctuation mark ", the Executive Council and the Village Council" and in thirteenth line, for the words and punctuation mark ", the Executive Council and the Village Councils", the words "and the Executive Council" shall be substituted.

In the principal Act, in section 69,

1. (i) in clause (a), in the second line, for the words and punctuation mark ", Executive Council and the Village Councils", the words "and the Executive Council" shall be substituted;
2. (ii) in clause (b), in the second line, for the words and punctuation mark ", Executive Council and the Village Councils", the words "and the Executive Council" shall be substituted.

In the principal Act, for section 72, the following shall be substituted, namely:- "72. The Chief Executive Councilor and the Executive Councilors of the General Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 or sub-section

1. (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023."

In the principal Act, in section 73, in the second line, the words and punctuation mark "or the Village Council," appearing in between the words "Council" and "the case" shall be deleted.

In the principal Act, in section 74, in the third line, the words "or the Village Council" appearing in between the words "Council" and "or any member" shall be deleted.

In the principal Act, in section 80, in the third line, the words "to perform in addition, the functions of the Village Councils" appearing in between the words "there-from" and "till the" shall be deleted.